Luis MILANES, Appellant,
v.
COLONIAL PENN INSURANCE COMPANY, as subrogee of Thomas J. Kirkland, Appellee.
District Court of Appeal of Florida, Third District.
Rodolfo Sorondo, Jr., Coral Gables, for appellant.
Symons & Cherna and Ralph Symons, Miami, for appellee.
Before HENDRY, NESBITT and BASKIN, JJ.
PER CURIAM.
The Florida Supreme Court has established a policy of providing relief from defaults and allowing trials on the merits. If there is any reasonable doubt in the matter of vacating a default, it should be resolved in favor of granting the application and allowing the trial upon the merits. North Shore Hospital, Inc. v. Barber,
Kuehne & Nagel, Inc. v. Esser Int'l, Inc.,
We note that Colonial's service of process on the residence of Milanes's ex-wife did not satisfy the requirements of section 48.031. Service at the residence of a relative is not sufficient, regardless of the probability that the party being served will, or the fact the party does, learn of the attempted service. Panter,
The trial court's order denying Milanes's motion to set aside the default and final judgment was an abuse of discretion. Accordingly, the order is
Reversed and this case is remanded for further proceedings.
